SAJ-2024-01643(SP-EBT)

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT: Dave Kistel
Lee Health
4211 Metro Parkway, Suite 200
Fort Myers, Florida 33916

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Iona Drainage District canal that leads to the Cow Slough Preserve wetlands. The project site is located at 9450 Healthpark Circle, approximately 450 feet north of the intersection of Healthpark Circle and Bass Road in 33 Section, 045S Township, 024E Range, in Fort Myers, Lee County, Florida.

Directions to the site are as follows: From I-75, take Exit 131 onto Daniels Parkway. Travel west 2.6 miles to Six Mile Cypress Parkway and turn left. Travel 2.9 miles to continue onto Gladiolus Drive. Travel 2.8 miles and turn left onto Bass Road. Go south on Bass Road for 0.6 miles and turn right onto Healthpark Circle. Go west 0.1 miles and turn right onto Hollyfern Court to reach the project site at the end of the cul-de-sac.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.511970°
Longitude: -81.913520°

PROJECT PURPOSE:

Basic: Commercial Development

Overall (provided by the applicant): Lee Health proposes to construct multi-use outpatient medical and surgical facility, parking lot, and stormwater management areas to support the increased patient demand at Healthpark Medical Center.

EXISTING CONDITIONS: The project area is approximately 9.73 acres and is located within the larger, approximately 402.8-acre, HealthPark Medical Center complex, which is mostly developed and consists of roads, a hospital, a hospice, residential facilities, a surface water treatment system, and wetland mitigation areas under conservation easements (see attached “Healthpark Mitigation Areas Map,” dated June 2024). The project area is located at 9450 Healthpark Circle, Fort Myers, Florida. The wetland system consists of an approximately 5.11-acre freshwater system. Outside of the HealthPark Medical Center complex, there are other residential and commercial developments surrounding the project area.

The onsite vegetation predominantly consists of exotic wetland hardwoods, such as melaleuca (Melaleuca quinquenervia) and Brazilian pepper (Schinus terenbinthifolia). Six different soil types occur in the project limits according to the Natural Resources Conservation Service (NRCS) web soil survey. Wabasso sand, limestone substratum (Soil code 42), a nonhydric soil, is the dominant soil type onsite. Three hydric soils are located onsite: Isles fine sand, frequently ponded, 0-1% slopes (Soil code 39), Brynwood fine sand, wet-Urban land complex, 0-2% slopes (Soil code 64), and Cypress Lake fine sand-Urban land complex, 0-2% slopes (Soil code 102).

Habitat types and acreages onsite were mapped in accordance with the Florida Land Use Cover and Forms Classification System (FLUCFCS) methodology developed by the Florida Department of Transportation (FDOT, 1999). A total of five different habitat types are mapped in the project area. Upland habitats total approximately 4.19 acres, subject to agency verification. The dominant upland habitat in the project limits is Brazilian pepper (approximately 1.51 acres). This habitat is primarily Category I invasive Brazilian pepper with a few native trees, such as slash pine (Pinus elliottii var. densa), oaks (Quercus sp.), and cabbage palm (Sabal palmetto) in the canopy. Understory and ground cover is mostly bare, with a few scattered saw palmetto (Serenoa repens). Wetland and surface water habitats total approximately 5.54 acres, with the dominant habitat being exotic wetland hardwoods (approximately 5.11 acres).

PROJECT HISTORY: USACE Individual Permit No. SAJ-1993-01849(IP-AM), issued July 31, 1995, and expired in 2003 involving three permit modifications, previously authorized a total of 26.8 acres of wetland fill and required 14.77 acres of wetlands onsite and 5.2 acres of wetlands offsite to be preserved via conservation easement for initial development of the HealthPark Florida project.

USACE Individual Permit No. SAJ-1997-00524(IP-CC) issued on October 2, 1997, and expired on October 2, 2002, authorized excavating 12.49 acres of offsite wetlands for the purposes of creating two lakes, known as Hidden Lakes. Only one of the lakes was constructed (located East of Hagie Drive) and material from the excavated lake was used to complete some of the fill for SAJ-1993-01849 prior to its expiration. The total impacts completed associated with SAJ-1997-00524(IP-CC) were the loss of 6.9 acres of wetlands. In 2008, the remaining wetlands within the project area was used as compensatory mitigation to offset impacts for Lee County’s widening of Gladiolus Road and was placed under a conservation easement, which is now a part of the Deep Lagoon – Cow Slough Preserve.

USACE Individual Permit No. SAJ-2004-8074(IP-TWM) was issued on June 14, 2005, and expired on June 14, 2010, authorized culverting 1.19-acre of ditches and filling 1.43-acre of ditches associated with improving stormwater management for the HealthPark Florida development by directing water into the stormwater lakes for treatment prior to discharging into the Cow Slough system. A portion of the 1.43-acre ditch was filled along the NW boundary of Via Solera Circle, but the 1.19-acre ditch North of Holyfern Court was not culverted. This project proposes to fill a portion of the 1.19-acre ditch.

PROPOSED WORK: The applicant seeks authorization to discharge fill material within 5.11 acres of wetlands and 0.43-acre of surface waters (ditches) for the expansion of an existing healthcare facility and associated parking and infrastructure.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The size and configuration of wetlands onsite do not allow for avoidance of wetland discharges. Impacts are to low quality wetlands and man-made ditches with greater than 50% coverage of exotic vegetation within an area previously approved to be developed as a medical facility.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“A wetland functional analysis was conducted for the proposed impacts. The functional analysis for the project indicates that the 5.11 acres of wetland impacts will result in a loss of 1.36 functional units, which will be purchased from an approved federal mitigation bank.”

CULTURAL RESOURCES:

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect (NLAA) ESA-listed species and/or its designated critical habitat listed in Table 1. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Table 1: The Corps propose a NLAA determination for the following ESA-listed species and/or critical habitat potentially present in the action area.

The Corps has determined the project would have no effect on the following ESA-listed species within range of the project because there is no suitable habitat: Green sea turtle (Chelonia mydas), Threatened; Gulf sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desotoi), Threatened; Kemp's ridley sea turtle (Lepidochelys kempii), Endangered; Loggerhead sea turtle (Caretta caretta), Threatened; Aboriginal Prickly-apple (Harrisia (=Cereus) aboriginum (=gracilis), Endangered; Beautiful pawpaw (Deeringothamnus pulchellus), Endangered; American alligator (Alligator mississippiensis), Similarity of Appearance, (Threatened); American crocodile (Crocodylus acutus), Threatened; Florida panther (Puma (=Felis) concolor coryi), Endangered [Florida Panther Effect Dkey: A>B>No Effect]; Puma (=mountain lion) (Puma (=Felis) concolor (all subsp. except coryi)), Similarity of Appearance (Threatened); Miami Blue Butterfly (Cyclargus thomasi bethunebakeri), Endangered; Crested caracara (Caracara plancus audubonii), Threatened.

This notice serves as request to U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT (EFH): The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The Corps reviewed the National Oceanic and Atmospheric Administration (NOAA) South Atlantic Essential Fish Habitat Mapper an no EFH were mapped within the vicinity of the proposed project area. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Washington Field Office, 2407 W 5th Street, Washington, North Carolina 27889 within 30 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Emily Thompson, in writing at the Washington Field Office, 2407 W 5th Street, Washington, North Carolina 27889; by electronic mail at Emily.b.thompson@usace.army.mil; or, by telephone at (252) 599-1493.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.

Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.

The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.